Ruma Pal, J. - (1.) The petitioner is a Company incorporated in America. It gets its name from its promoter Calvin Klein. Calvin Klein is a resident of America. He is a fashion designer. Before the petitioner was incorporated Mr. Klein designed and sold men's and women's apparel and accessories under the mark Calvin klein or CK. Mr. klein had started his business of tailoring and designing in 1968 using his name Calvin Klein or CK as his trade label. The petitioner company now carries on the same and other business as the owner of 'Calvin Klein' and 'CK'. The range of business includes perfumes, toiletry & optical glasses. Goods bearing the name Calvin Klein or CK have been sold by the petitioner or its predecessor-in-interest throughout the world but not in India. The products bearing the trade mark Clavin Klein & CK have been advertised in diverse magazines such as Vogue, Cosmopolitan, New York Times particularly with regard to denim wear such as jeans, jackets, shirts, skirts and T. shirts etc. The petitioner has claimed that the magazines in which the petitioner's products have been and are advertised have extensive circulation in the major cities in India.
(2.) The petitioner appears to be the registered owner of the trade mark Calvin Klein and CK in various countries including the United States of America, almost all the European countries and several Asian countries. As far as India is concerned the petitioner is the registered proprietor of in trade marks in Class 24 and has applied for registration in respect of Class 25, 3 and 18 under the Trade and Merchandise Marks Act 1958.
(3.) The petitioner's grievance is that in September 1993, the petitioner found that the respondents Nos. 1 and 2 were representing to the customers in India that the respondents 1 and 2 were the owners of the mark Calvin Klein and were soliciting business in respect of wearing apparel namely Jeans which were described as Calvin Klein Jeans. The petitioner has produced diverse advertisements made by the respondents Nos. 1 and 2 from which it appears that even the advertisements issued by the respondents Nos. 1 and 2 in respect of their products are visually and in substance virtually identical with those issued by the petitioner in respect of its products. The advertisements of the respondent No. 1 read as follows : "Calvin Klein Jeans will shortly be available at the best stores in town; a product of international Apparel Syndicate (the official brand owner).";